Miwend Terms and Conditions, Privacy Policy, and Data Processing Agreement

Terms and Conditions

1. Acceptance of Terms

By using the Miwend software as a service (SaaS) provided by NextBP (the "Company"), you agree to these Terms and Conditions. If you do not agree to these terms, you must not use the service.

2. Service Description and Pricing

2.1. Miwend provides AI-powered services for website integration. The specific services are subject to change and are described in the current service offerings at the time of use.

2.2. The Company reserves the right to modify the pricing of subscriptions at any time without prior notice or consent from the user. Continued use of the service after a price change constitutes acceptance of the new pricing.

3. Trial Period and Subscription

3.1. Miwend offers a 7-day trial period with a mandatory credit card registration.

3.2. If not cancelled by the user, the subscription will automatically begin at the end of the trial period.

3.3. Miwend reserves the right to modify or remove the trial offer at any time without prior notice.

4. Payment and Billing

4.1. Subscription payments are processed through Stripe and are subject to automatic renewal.

4.2. If automatic billing fails, Miwend will request manual payment processing and may temporarily block AI access until the issue is resolved.

4.3. Certain refund requests for Subscriptions may be considered by Miwend on a case-by-case basis and granted at the sole discretion of Miwend.

5. User Responsibilities

5.1. Users are responsible for all Content they post to the Service, including its legality, reliability, and appropriateness.

5.2. Users must not share their password or API key. Miwend will not be responsible for any unauthorized use resulting from such sharing.

5.3. Users must have the necessary rights or permissions for any content they upload to Miwend for use by the AI.

5.4. Users agree to only install the AI on websites linked to their subscription. Multiple websites require multiple subscriptions.

5.5. Users are prohibited from reselling Miwend subscriptions, API access, or any other part of the service.

6. Intellectual Property

6.1. Users may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing their copyright.

6.2. All rights, titles, and interests in the Service, including all intellectual property rights, belong exclusively to NextBP.

7. Third-Party Links

Miwend may contain links to third-party websites. Miwend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8. Limitation of Liability

8.1. In no event shall Miwend, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages.

8.2. Miwend is not responsible for any answers given by the AI or for any harm to a user's company, company image, public opinion, or any other form of damage.

8.3. Users cannot claim compensation or damages exceeding the amount invested in their Miwend subscription.

9. Disclaimer

The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied. Miwend does not warrant uninterrupted, secure, or error-free service, nor does it guarantee that the service will meet your requirements.

10. Governing Law and Jurisdiction

10.1. These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

10.2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the French courts.

11. Changes to Terms

11.1. Miwend reserves the right to modify these Terms at any time. Material changes will be communicated with at least 30 days notice when possible.

11.2. Continued use of the Service after any such changes shall constitute your consent to such changes.

12. Termination

12.1. Miwend reserves the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

12.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Indemnification

You agree to defend, indemnify and hold harmless Miwend and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

14. Service Availability and Maintenance

14.1. Miwend strives to provide uninterrupted service but does not guarantee continuous, uninterrupted access to the service. System failures, maintenance, or other issues may result in temporary service interruptions.

14.2. Miwend reserves the right to modify, suspend, or discontinue the service (or any part thereof) at any time with or without notice.

15. User Content and Feedback

15.1. By providing any Content or feedback to Miwend, you grant Miwend a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such Content or feedback for the purpose of providing and improving the Service.

15.2. You represent and warrant that you have all rights necessary to grant the licenses contained in this section.

16. Age Restrictions

The Service is intended for users who are at least 18 years of age. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Miwend.

17. Export Control

You agree to comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that may apply to a direct or indirect transfer of, or provision of access to, Miwend's services and technology to prohibited countries, persons, or entities.

18. Force Majeure

Miwend shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

19. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, including the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Miwend regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

21. Notice

21.1. Miwend may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

21.2. Notice will be deemed given 24 hours after email is sent, unless Miwend is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you. In such case, notice will be deemed given three days after the date of mailing.

22. Waiver

The failure of Miwend to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

23. Assignment

23.1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Miwend without restriction.

23.2. Any attempted transfer or assignment in violation hereof shall be null and void.

Privacy Policy

1. Information Collection and Use

Miwend collects and stores only information that users voluntarily provide, including:

- User information: first name, last name, email

- Company information: website URL

- Service-related information: websites where AI is installed, AI usage statistics, AI settings, AI conversations

2. Data Storage and Sharing

2.1. Miwend does not sell or share user information with third parties, except as required for service provision or by law.

2.2. Users should not provide sensitive information to Miwend. Miwend is not responsible for the exposure or use of such information if provided.

3. Data Security

Miwend implements reasonable security measures to protect user data but cannot guarantee absolute security.

4. Cookies

Miwend uses cookies to improve user experience. By using the Service, you consent to the use of cookies in accordance with this policy.

5. Changes to This Privacy Policy

Miwend may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "effective date" at the top of this Privacy Policy.

Data Processing Agreement

1. Scope and Purpose

This Data Processing Agreement (DPA) governs the processing of personal data by Miwend on behalf of the user.

2. Data Processing Details

2.1. Miwend processes user data solely for the purpose of providing the Miwend service.

2.2. The duration of processing is limited to the duration of the user's subscription to Miwend.

3. User Rights

Users have the right to access, rectify, or erase their personal data, subject to any legal retention requirements.

4. Data Breach Notification

Miwend will notify users of any personal data breaches without undue delay.

5. Subprocessors

Miwend uses the following subprocessors:

- Stripe for payment processing

- AWS for authentication data and file storage

- Hetzner for server hosting

- Cloudflare for website protection

- Tolt for referral management

By using Miwend, you agree to the use of these subprocessors.

6. GDPR Compliance

Miwend complies with the General Data Protection Regulation (GDPR) of the European Union and has implemented appropriate technical and organizational measures to protect user data.

7. Data Transfer

If Miwend transfers any personal data protected by GDPR to a jurisdiction outside the European Economic Area that has not been deemed to provide an adequate level of protection under GDPR, Miwend will ensure an adequate level of protection for such transfer through standard contractual clauses or other appropriate safeguards.

Acknowledgement

By using the Miwend service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, Privacy Policy, and Data Processing Agreement. If you do not agree to all of the terms and conditions, you must not use or access the Service.

Last updated: 16/07/2024